Case Law, Discovery and Litigation - Trial Strategy Today

eDiscovery Assistant Rebrands as Minerva26, Positions Its Platform as Strategic Discovery Command Center

Law Sites

MARCH 24, 2025

eDiscovery Assistant, a platform for e-discovery case law and resources, today announced its rebranding as Minerva26. The platform, which provides a curated database of case law, […] The platform, which provides a curated database of case law, […]

Discovery

Discovery Case Law Evidence Litigation

Another Approach to Drafting and Discovery of Litigation Hold Notices

E-Discovery LLC

FEBRUARY 21, 2025

By definition, a litigation hold notice is a communication from an attorney to a client regarding the duty to preserve potentially responsive information. [1] 7, 2025), the court held that litigation hold notices were privileged. DISCOVERY OF LITIGATION HOLD NOTICES HAS LONG BEEN AN ISSUE. 1] In Homeland Ins. Grimm (ret.)

Discovery

Discovery Litigation Privileged Communication Court Rules

New York Court of Appeals Confirms Attorney-Client Privilege Can Apply Without Anticipated/Pending Litigation or Client’s Affirmative Request for Legal Advice

Discovery Advocate

FEBRUARY 23, 2024

Key Takeaway: Under New York law, the attorney-client privilege applies to advice from counsel regarding general legal subjects, even when unsolicited and there is no anticipated litigation or pending action. The documents also include guidance on drafting parole decisions that accord with the law.

Litigation

Litigation Discovery Case Law

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Litigants Can’t Agree; Judge Entered an ESI Protocol; Party Objected to It; Objections Overruled

E-Discovery LLC

MAY 17, 2025

When they were unable to do so, they submitted competing suggestions, and, the United States Magistrate Judge then issued a Protocol and Order Governing Discovery (the ESI Order) establishing such a protocol. The Local Rule permitted the court to apportion costs of discovery of ESI. The City Defendants objected to the ESI Order.

Objections

Objections Litigation Discovery Evidence

Possession, Custody, or Control of Responsive Information by States Suing Meta

E-Discovery LLC

SEPTEMBER 12, 2024

The September 6, 2024, decision in In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2024 WL 4125618 (N.D. 34 discovery requests propounded by defendant Meta Platforms, Inc., 34 discovery requests propounded by defendant Meta Platforms, Inc., 467, 482-92 (2016).

Subpoenas

Subpoenas Discovery Litigation Objections

Is a Court-Ordered ESI Protocol a Trap?

E-Discovery LLC

SEPTEMBER 14, 2024

UPDATE : In case discussed in EDRM’s “Important eDiscovery Case Law Decisions for July 2024, the court reached a similar conclusion: “Defendants ignored the timeline that was clearly set forth in the Court’s Discovery Order and, according to Plaintiff’s Reply, still have failed to satisfy their discovery obligations.

Discovery

Discovery Case Law Litigation

“Boilerplate” Objections Are Generally Condemned; Except When They’re Not

E-Discovery LLC

OCTOBER 9, 2024

16, 2024)(citing cases: “Defendants included general and boilerplate objections in their responses to discovery, which are not acceptable in this circuit. Defendants’ responses are a perfect example of how not to answer discovery requests. See General Objections, Dracula, and “Whac a Mole” (Apr. Griffith Lab’ys, Inc.,

Objections

Objections Discovery Admissibility Interrogatories

Project Management Tools for Attorneys

Attorney at Work

SEPTEMBER 15, 2022

As law students, few litigators imagined themselves transitioning into project management roles after passing the bar. Litigators rarely receive formal training in project management, but this does not mean they do not do project management. An Accidental Project Manager. Communication is no longer siloed between individuals.

Trial Preparation

Trial Preparation Case Management Litigation Technology

Does Every “Hit” on a “Hit Report” Have to be Produced?

E-Discovery LLC

NOVEMBER 13, 2024

It includes reports run for an opposing litigant, as part of a cooperative process to refine search requests; and, reports run for internal analysis. In short, the scope of discovery limits what must be produced. Wolfe, A Nutshell on Negotiating E-Discovery Search Protocols , 11 Sedona Conf. See generally Jason R. 229 (2010).

Discovery

Discovery Litigation Objections Case Law

Court Declines To Compel Employer To Produce Data from Employees’ Personal Mobile Devices

Discovery Advocate

JUNE 8, 2023

In re Pork Antitrust Litig. , Further, employers should examine their bring-your-own-device (BYOD) policies to ensure that what is or is not company data is well defined according to their business, regulatory and litigation needs. In In re Pork Antitrust Litig. , 18-cv-2022 WL 972401 (D.

Subpoenas

Subpoenas Discovery Litigation Court Rules

Court Declines To Compel Employer To Produce Data from Employees’ Personal Mobile Devices

Discovery Advocate

JUNE 7, 2023

In re Pork Antitrust Litig. , Further, employers should examine their bring-your-own-device (BYOD) policies to ensure that what is or is not company data is well defined according to their business, regulatory and litigation needs. In In re Pork Antitrust Litig. , 18-cv-2022 WL 972401 (D.

Subpoenas

Subpoenas Discovery Litigation Court Rules

ESI Protocol Should Define “Documents” and Address Redaction Based on Irrelevancy

E-Discovery LLC

MAY 14, 2025

The decision begins: Before the Court is a discovery dispute that underscores the importance of counsel fashioning clear and comprehensive agreements when navigating the perils and pitfalls of electronic discovery. When it comes to discovery of text messages, Fed.R.Civ.P. 26(f)(3)(B) provides an under-used tool.

Discovery

Discovery Evidence Litigation Objections

Unprecedented Discovery Data Volume in FTX Case Highlights Growing Need for AI

Hanzo Blog

JUNE 21, 2023

In the ongoing case of Sam Bankman-Fried and his failed crypto exchange FTX, the growing volume of evidence highlights the new landscape of ediscovery challenges when it comes to the breadth of new data sources showing up in corporate litigation.

Discovery

Discovery Evidence Litigation Case Law

What Judges are really saying about Technology Assisted Review

Discovery Advocate

APRIL 6, 2018

Peck in 2012, an entire legal industry has grown up on the premise of streamlining the document review process in discovery – that is, taking a repetitive task traditionally performed entirely by attorneys and introducing the concept of computer assistance to increase efficiency and improve consistency.

Technology

Technology Discovery Objections Case Law

How is AI Used in Legal Technology?

Lawmatics

OCTOBER 12, 2023

Document Review AI-powered algorithms can quickly review and analyze large volumes of legal documents, contracts, and case law to obtain pertinent information, identify patterns, and flag potential issues.

Technology

Technology Legal Research Settlement Negotiations Legal Services

Everything You Should Know About AI Legal Tech

Percipient

JANUARY 20, 2025

It can also help with legal research, finding relevant case laws or statutes quickly without endless hours of manual searching. Its like giving the system a library of past contracts, case outcomes, or legal trends to analyze so it can make better predictions and decisions.

Legal Research

Legal Research Case Law Technology Discovery

Is Legal Tech a Growing Industry?

Lawmatics

DECEMBER 14, 2023

eDiscovery Platforms: Systems for efficiently searching, analyzing, and producing electronic information relevant to legal cases and discovery requests. Legal Research Databases: Comprehensive case law repositories, statutes, verdicts, filings, and other legal data to inform legal strategy. billion globally in 2022.

Exhibits

Exhibits Legal Services Technology Litigation Support

Is There an AI Tool to Create Legal Documents?

Lawmatics

NOVEMBER 7, 2023

AI helps legal professionals find relevant case law, statutes, and precedents by searching and summarizing vast legal databases. AI allows law firms to target potential clients with personalized marketing campaigns based on status, matter type, location, and more. E-discovery. Legal research. Workflow automation.

Legal Research

Legal Research Legal Strategy Depositions Precedent

Word Processing Wars

E-Discovery LLC

JUNE 26, 2024

citing Pouncing on Little Ambiguities Leads to Discovery Sanctions (Sept. Sometimes Discovery Disputes Do Not Bring Out the Best in Us (June 20, 2024). There a litigant filed overlong briefs and Ms. That decision is not a unicorn: Federal courts routinely warn litigants not to use textual footnotes to evade page limits.

Discovery

Discovery Objections Litigation Legal Arguments

An Estimated 500,000 Litigation Matters Involved Social Media Evidence in the Past 12 Months

Next Generation E-Discovery Law & Tech Blog

SEPTEMBER 21, 2023

By John Patzakis As we have mentioned many times, nearly every litigation matter involves social media evidence. If your case does not feature such important evidence, it is likely because you are not looking for it. The preliminary result was 5,623 cases.

Evidence

Evidence Litigation Discovery Technology

Conflicts Arising From Sanctions Motions: An Analytical Framework

WA Bar News

SEPTEMBER 11, 2024

COLUMN > Ethics & the Law BY MARK J. FUCILE [R]equests for sanctions should not turn into satellite litigation or become a ‘cottage industry’ for lawyers.” — Washington State Physicians Ins. In addition to CR 11 and CR 37, see also CR 26(g) (certifications on discovery responses), Fed. Exchange v. Fisons, 122 Wn.2d

Discovery

Discovery Arbitration Pleadings Litigation

Dale vs. Deutsche Telekom AG Illustrates the Importance of Effective ECA to Attain Proportionality

Next Generation E-Discovery Law & Tech Blog

OCTOBER 17, 2024

4, 2024) , a class-action antitrust litigation stemming from the 2020 merger between T-Mobile and Sprint, the Court denied the plaintiffs’ motion to expand a proposed custodian list from fifty custodians to sixty, including three in-house attorneys. By John Patzakis In Dale v. Deutsche Telekom AG , No. 22 C 3189 (N.D.

Discovery

Discovery Case Law Litigation Technology

eDiscovery Excellence: Best Practices and Strategies for Legal Success

CaseFox

JUNE 5, 2023

Introduction In today’s digital age, electronic discovery, or eDiscovery, plays a crucial role in the legal process. The vast amount of electronically stored information (ESI) makes it essential for legal professionals to adopt effective eDiscovery strategies for navigating the complex world of litigation.

Technology

Technology Litigation Evidence Legal Precedent

Guest Post: The Caselaw Access Project — Then, Now, Tomorrow

Law Sites

MARCH 18, 2024

Most legal tech startups make bold declarations about public interest, access to justice and democratizing the law when it suits them. Case law books waiting to be scanned. Harvard would contribute the law books and run the scanning process inside the law library. Ultimately, by mid-2015, the deal had taken shape.

Legal Research

Legal Research Technology Case Law Litigation

Microsoft 365 Modern Attachments Pose Significant eDiscovery Challenges and Risk

Next Generation E-Discovery Law & Tech Blog

MARCH 13, 2024

By John Patzakis In their excellent publication, 2023 eDiscovery Case Law in Review, Winston and Strawn, LLP, one of the top law firms in the US, highlights the challenges legal and eDiscovery professionals face with modern attachments. In re StubHub Refund Litig., 2023 WL 3092972 (N.D.

Case Law

Case Law Discovery Litigation

10 AI-Assisted Legal Tech Vendors Delivering Reliable Productivity to Law Firms

RPC Strategies

SEPTEMBER 13, 2024

Questa Discovery Questa Discovery makes high-speed processing of large data sets of e-discovery with efficient data indexing available to small and medium size companies. Steno Litigation expenses can often stress small and medium-sized law firms. No confidential data is ever input.

Discovery

Discovery Real Estate Legal Research Depositions

Best Evidence Rule Requires Post-Level Collection for Social Media Evidence

Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

Junior State of America Foundation , is a civil litigation matter involving the intentional destruction (spoliation) of social media evidence. The plaintiff had deleted his Facebook account resulting in lost evidence critical to the case.

Evidence

Evidence Jury Instructions Discovery Affidavits

11 ChatGPT Prompts to Transforming Your Legal Practice

Lawmatics

AUGUST 8, 2023

Platforms like Casetext harness AI to help legal professionals locate pertinent case law, statutes, and regulations swiftly. Blue J L&E reconsiders legal research and analysis, using AI to predict case outcomes and probe complex legal issues—analyzing factors and outcomes, not merely keywords.

Legal Research

Legal Research Interrogatories Witnesses Legal Strategy

Jacqueline Schafer on Writing Briefs at the Speed of AI: How ClearBrief is Transforming Legal Drafting

3 Geeks and a Law Blog

OCTOBER 16, 2023

As a former litigator, Schafer experienced firsthand the frustrating scramble to finalize briefs and prepare filings. By uploading case documents and discovery materials, the AI can pull facts and quotes directly from the record to support legal arguments in the brief. So Jackie, welcome to The Geek in Review.

Evidence

Evidence Exhibits Litigation Technology

Will AI Replace Lawyers? 4 Expert Opinions

MyCase

APRIL 29, 2024

Here’s how they’re using it: Legal research Document review Due diligence E-discovery While some lawyers enthusiastically embrace AI for its potential to enhance efficiency and accuracy, others remain cautious. Areas Where Human Judgement Prevails 1. .”

Legal Research

Legal Research Discovery Education Technology

Technology for Lawyers: Empowering the Legal Profession in the Digital Age

CaseFox

JULY 25, 2023

They also give lawyers the statutes, case law, and legal commentary about the cases. E-Discovery and Digital Forensics: Electronic discovery (e-discovery) has become a crucial aspect of modern litigation. This assists legal teams in building stronger cases.

Technology

Technology Legal Research Discovery Education

Cecilia AI by DISCO Debuts in the EU and UK to Streamline eDiscovery Workflows

Complex Discovery

OCTOBER 15, 2024

With features like advanced document review, multilingual Q&A capabilities, and powerful data analysis tools, this platform addresses the pressing need for efficiency and accuracy in modern litigation. For teams dealing with multilingual cases or cross-border litigation, Cecilia AI offers a single-document Q&A feature.

Digital Evidence

Digital Evidence Litigation Technology Evidence

Is a Web Bug a Wiretap?

E-Discovery LLC

OCTOBER 29, 2024

Reviewing Massachusetts case law, the court found no precedent for Ms. This blog was initially posted on Electronic Discovery Reference Model and JD Supra. __ [1] Prof. Vita’s more expansive definition. Ciolino wrote: “Worried about being tracked by a web bug in your inbox?

Healthcare

Healthcare Precedent Technology Construction

Top 8 Legal AI Tools: Improve Firm Productivity

MyCase

JUNE 5, 2024

AI Legal Analytics Tools What they do: Legal and litigation analytics AI software sorts through and analyzes massive amounts of litigation data, providing reports and data points that enable lawyers to make informed decisions about the course of a litigation matter. Who uses them: Litigation attorneys (often in larger firms).

Litigation

Litigation Legal Research Technology Depositions

Washington’s New Uniform Family Law Arbitration Act: Explanation, Application, and Aspiration

WA Bar News

SEPTEMBER 11, 2024

Washington’s UFLAA is designed to offer parties in family law cases—such as divorce, child custody, and child support disputes—a more efficient and cost-effective alternative to traditional litigation. The applicable law under the UFLAA is RCW 26.14.030(1). Consequently, all case law issued prior to the UFLAA (Jan.

Arbitration

Arbitration Evidence Case Law Mediation

What Is the Best Law Practice Management Software?

Practice Panther

OCTOBER 23, 2024

Here are some common platforms and features lawyers rely on: Legal research software provides quick access to statutes, regulations, and case law. E-discovery tools to sift through large volumes of electronic data, especially in litigation-heavy cases.

Case Management

Case Management Legal Precedent Legal Research Precedent

2024 Guide to Utilizing Generative AI in the Legal Industry

MyCase

JUNE 5, 2024

AI-Powered Legal Research Platforms Research platforms that utilize AI can sift through vast amounts of legal data, including statutes, case laws, and regulations, at unprecedented speeds. These tools are invaluable for lawyers seeking a competitive advantage in their case strategies.

Legal Services

Legal Services Legal Research Technology Discovery

Reckoning: The Duty to Correct Under RPC 3.3

WA Bar News

DECEMBER 17, 2024

COLUMN > Ethics & the Law Illustration Getty/ARC By Mark J. Fucile In the course of a case, litigators typically make all sorts of statements to courts on the facts and the law. 1 In other situations, however, litigators make specific representations of fact or law based on personal knowledge.

Pleadings

Pleadings Witnesses Arbitration Litigation

Pablo Arredondo on the One-Year Anniversary of CoCounsel

3 Geeks and a Law Blog

FEBRUARY 29, 2024

And while I think some of the most exciting use cases for this technology is uploading your own documents, right, we were talking before we started about, you know, pointing it at all of the documents in your litigation, the transcripts, the correspondence, discovery, etc. That is at the heart of litigation.

Legal Research

Legal Research Technology Education Litigation

Deploying Cutting-Edge Legal AI: Travers Smith’s Cautious, But Open-source Approach. (TGIR Ep. 216)

3 Geeks and a Law Blog

AUGUST 22, 2023

And we have been sampling certain types of use cases, particularly around the search for relevance in litigation, and discovery. And we potentially contaminate case law. It’s not as simple as just doing a case law name search, it’s much, much more complicated than that. They continue to do that.

Technology

Technology Government and Public Sector Precedent Legal Research

Maryland’s New and Improved Unreported Opinion Rule Does Not Go Far Enough

E-Discovery LLC

JUNE 1, 2024

Stuart, “Privacy in Discovery After Dobbs,” 26 Va. 257 (2023); and, 2 Shue, Vergari, State Computer Law § 8:2027. We decline to consider the unreported case law that Petitioners refer to on this point.” & Tech. Last year, Maryland liberalized permission to cite unreported decisions. Lisy Corp. McCormick & Co.,

Precedent

Precedent Discovery Admissibility Litigation

Protecting the Judiciary – Analysis of Judicial Impeachment

E-Discovery LLC

MARCH 15, 2025

They are listed in Protecting the Judiciary Again E-Discovery LLC (Feb. Attempts to intimidate judges for their rulings in cases are inappropriate and should be vigorously opposed. We may disagree with interpretation of case law, but it is unacceptable to personally target judges just because we disagree with their ruling.

Discovery

Discovery Case Law Evidence Litigation

Waiver of Untimely Objections to Interrogatories: Is it = or ≠ to Requests for Production of Documents?

E-Discovery LLC

JANUARY 29, 2025

21, 2025), the court wrote that: Neither side distinguishes between waiver of untimely objections to interrogatories and waiver of untimely objections to RFPs, even though important differences exist in both the applicable rules of civil procedure and the case law construing them. 8A Charles Alan Wright, Arthur R.

Interrogatories

Interrogatories Objections Discovery Precedent

Licensing Over Litigation? U.S. Copyright Office Offers a New Path Through AI’s Legal Labyrinth

Complex Discovery

MAY 11, 2025

Rather than advocate for sweeping legislative changes, the report promotes a pragmatic shift toward voluntary licensing and contextual fair use analysis, offering a forward-looking alternative to litigation. Industry News – Artificial Intelligence Beat Licensing Over Litigation? A Complex Legal Question: Is AI Training Lawful?

Litigation

Litigation Government and Public Sector Cross-Examination Technology

eDiscovery Assistant Rebrands as Minerva26, Positions Its Platform as Strategic Discovery Command Center

Another Approach to Drafting and Discovery of Litigation Hold Notices

Webinars

Trending Sources

New York Court of Appeals Confirms Attorney-Client Privilege Can Apply Without Anticipated/Pending Litigation or Client’s Affirmative Request for Legal Advice

Webinars

Litigants Can’t Agree; Judge Entered an ESI Protocol; Party Objected to It; Objections Overruled

Possession, Custody, or Control of Responsive Information by States Suing Meta

Is a Court-Ordered ESI Protocol a Trap?

“Boilerplate” Objections Are Generally Condemned; Except When They’re Not

Project Management Tools for Attorneys

Does Every “Hit” on a “Hit Report” Have to be Produced?

Court Declines To Compel Employer To Produce Data from Employees’ Personal Mobile Devices

Court Declines To Compel Employer To Produce Data from Employees’ Personal Mobile Devices

ESI Protocol Should Define “Documents” and Address Redaction Based on Irrelevancy

Unprecedented Discovery Data Volume in FTX Case Highlights Growing Need for AI

What Judges are really saying about Technology Assisted Review

How is AI Used in Legal Technology?

Everything You Should Know About AI Legal Tech

Is Legal Tech a Growing Industry?

Is There an AI Tool to Create Legal Documents?

Word Processing Wars

An Estimated 500,000 Litigation Matters Involved Social Media Evidence in the Past 12 Months

Conflicts Arising From Sanctions Motions: An Analytical Framework

Dale vs. Deutsche Telekom AG Illustrates the Importance of Effective ECA to Attain Proportionality

eDiscovery Excellence: Best Practices and Strategies for Legal Success

Guest Post: The Caselaw Access Project — Then, Now, Tomorrow

Microsoft 365 Modern Attachments Pose Significant eDiscovery Challenges and Risk

10 AI-Assisted Legal Tech Vendors Delivering Reliable Productivity to Law Firms

Best Evidence Rule Requires Post-Level Collection for Social Media Evidence

11 ChatGPT Prompts to Transforming Your Legal Practice

Jacqueline Schafer on Writing Briefs at the Speed of AI: How ClearBrief is Transforming Legal Drafting

Will AI Replace Lawyers? 4 Expert Opinions

Technology for Lawyers: Empowering the Legal Profession in the Digital Age

Cecilia AI by DISCO Debuts in the EU and UK to Streamline eDiscovery Workflows

Is a Web Bug a Wiretap?

Top 8 Legal AI Tools: Improve Firm Productivity

Washington’s New Uniform Family Law Arbitration Act: Explanation, Application, and Aspiration

What Is the Best Law Practice Management Software?

2024 Guide to Utilizing Generative AI in the Legal Industry

Reckoning: The Duty to Correct Under RPC 3.3

Pablo Arredondo on the One-Year Anniversary of CoCounsel

Deploying Cutting-Edge Legal AI: Travers Smith’s Cautious, But Open-source Approach. (TGIR Ep. 216)

Maryland’s New and Improved Unreported Opinion Rule Does Not Go Far Enough

Protecting the Judiciary – Analysis of Judicial Impeachment

Waiver of Untimely Objections to Interrogatories: Is it = or ≠ to Requests for Production of Documents?

Licensing Over Litigation? U.S. Copyright Office Offers a New Path Through AI’s Legal Labyrinth

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